13 May How can you meet the financial threshold criteria?
Under Appendix FM-SE of the Immigration Rules, if a non-EEA migrant intends to apply for leave to enter or remain as a partner of a British national or an ILR holder in the UK, he/she must meet the financial requirement as well as other criteria. Sadly, many applicants are refused simply on the basis that the correct evidence is not submitted.
The minimum income threshold for a partner applying under Appendix FM, without dependent children, is £18,600.
An additional gross annual income of £3,800 is required for the first child sponsored and an additional £2,400 for each other child.
If you rely on income from salaried employment of the partner (and/or the applicant if they are in the UK with permission to work), you need to provide:
- A signed employment contract
- An employment letter listing:
1) the person’s employment and gross annual salary;
2) the length of their employment;
3) the period over which they have been or were paid the level of salary relied upon in the application;
4) the type of employment (permanent, fixed-term contract or agency).
- Payslips covering:
1) a period of 6 months to the date of application if the person has been employed by their current employer for at least 6 months
2) any period of salaried employment in the period of 12 months prior to the date of application if the person has been employed by their current employer for less than 6 months
- Personal bank statements corresponding to the same period(s) as the payslips, showing that the salary has been paid into an account in the name of the person or in the name of the person and their partner jointly
- P60(s) for the relevant period(s) of employment
If you rely on the cash savings, it must be held in cash in a personal bank/savings account in the name of the applicant, their partner or the couple jointly. The savings can be from any legal source, including a gift from a family member or other third party, provided the source of the cash savings is declared.
Please note that if the applicant relies on all the cash savings, the amount of total savings held is £62,500.
However, the applicant could combine the cash savings and salaried employment income (below £18,600), the calculation formula to be used is:
£16,000 + (£18,600- Actual gross annual salary below £18,600) x 2.5
In respect of cash savings the following must be provided:
- Personal bank statements showing that at least the level of cash savings relied upon in the application has been held in an account(s) in the names of the person and their partner jointly throughout the period of 6 months prior to the date of application.
- A declaration by the account holder(s) of the source(s) of the cash savings.
If you rely on the income from self-employment or director or employee of a specified limited company in the UK, the evidence as followed:
- Company tax return CT600 (a copy or print-out) for the last full financial year and evidence this has been filed with HMRC;
- Registration of Companies House;
- Annual audited accounts for the last full financial year (If required);
- Business bank statements covering the same 12-month period as Company tax return CT600;
- A current appointment report from Companies House;
- A certificate of VAT registration and the VAT return for the last full financial year (a copy or a print-out) confirming the VAT registration number;
- Proof of ownership or lease of business premises;
- Original proof of registration with HMRC as an employer for the purposes of PAYE and National Insurance, proof of PAYE reference number and accounts office reference number.
Where the person is listed as either a director or employee of the company (or both) and receives a salary from the company, you must provide:
- Payslips and P60 (if issued) covering the same period as the company tax return CT600;
- Personal bank statements covering the same 12-month period as the company tax return CT600 showing that the salary as either a director or employee of the company (or both) was paid into an account in the name of the person or in the name of the person and their partner jointly.
Where the person receives dividends from the company, all of the following documents must also be provided:
- Dividend vouchers for all dividends declared in favour of the person during or in respect of the period covered by the company tax return CT600 showing the company’s and the person’s details with the person’s net dividend amount and tax credit;
- Personal bank statement(s) showing that those dividends were paid into an account in the name of the person or in the name of the person and their partner jointly.
For those self-employed as a sole trader, the relevant financial year(s) will be that covered by the self-assessment tax return and in the UK this runs from 6 April to 5 April the following year. All of the following must be provided:
- Evidence of the amount of tax payable, paid and unpaid for the last full financial year.
- Annual self-assessment tax return to HMRC (a copy or print-out);
- Statement of account (SA300 or SA302);
- Proof of registration with HMRC as self-employed if available;
- Business bank statements for the same 12-month period as the tax return(s);
- Personal bank statements for the same 12-month period as the tax return(s) showing that the income from self-employment has been paid into an account in the name of the person or in the name of the person and their partner jointly;
- A certificate of VAT registration and the VAT return for the last full financial year (a copy or print-out) confirming the VAT registration number.
Contact Our Immigration Team
For expert advice regarding any aspect of the spouse visa application, please contact our immigration team on 0203 384 3075 or contact us here.